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Resolution-PC 98-65RESOLUTION NO. PC98-65 A RESOLUTION Or' THE ANAHEIM CITY PLANNING COMMISSION THAT PETI710N FOR CONDITIONAL USE PERMIT NO. 4016 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional tJse Permit for certain real property situated fn the City of Anaheim, County of Orange, State of Califomia, described as: PARCEL 3 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 200, PAGES 9 AND 10 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on Aprii 27, 1998 at 1:30 p.m., notice of said public hearing havin(~ been duly given as required by law and in acccedance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence 'ror and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEF2EAS, said Commission, afterdue inspection, investigation and study made by itself and in its behalf, and after due consideratien of all evidence and reports offered at said hearing, does find and determine the foliowing facts: 1. That the proposed use is properly one forwhich a conditional use permit is authorized by Anaheim Municipai Code Section 18.61.050.460 to construct a 60-foot high steel telecommunications monopole with three arrays having seven antennas each and with three microwave dishes to replace an existing 60-foot high wood monopole. That the use is hereby approved for a period of five years. 3. That the proposed use wiil not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because at this specific location the sight line is not adversely impacted. 4. That the size and shape of the site for the proposed use is adequate to allow fuil development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safeiy and general welfare. 5. That the traffic generated by the proposed use will not (mpose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting of this conditional use permit for a period of five years, under the conditions imposed, will not be detrimental to the peace, health, safety and c~cnerai welfare of the citizens uf the City of Anaheim. 7. That no one indicated their presence at the public hezring in opposition; and that no corrospondence was received in opposition to che subject petition. CR3266PL.DOC -1- PC98-6~ CALIFORNIA ENVIRONMENTAL QUALITY ArT FINDING: That the Anaheirn City Planning Commission has reviewed the proposal to cunstruct a 60-foot high steel telecommunications rnonopole with three arrays having seven antennas each and with three ~nicrowave dishes to replace an existing 60-foot high wood monopole on a 0.99-acre parcel having a frontage of 125 feet on the east side of Allec StrFet, a maximum depth of 330 feet, and being located 539 feet north of the centerline of Cerritos Avenue (1422 South Allec Street); and does hereby approve the Negative Declaraiion upon finding that the declaration reflects tt~e independent judgement of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project wili have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Pl~nning Commission does hereby grant subject Petition for Conditional Use Permit, upon the foliowing c,,nditions which are hereby found to be s necessary prerequisite to the proposed use of the subject property in order to preserve the safety and ~enerai welfare of the Citizens of the City of Anaheim: 1. That this conditional use permit is aaproved for a period of five (5) years, to expire on April 27, 2003. 2. That a maximum of three (3) antenna arrays with seven (7) antennas each and three (3) microwave dishes shall be located on the monopole at a maximum height of sixty (60) feet. No additional antennas shail be permitted without the approval of the Planning Commission. 3. That no signage, flags, banners or any other form of adveriising shall be attached to the approved monopole and array structure. 4. That the monopole structure shall be painted to blend with, and match, the surrounding structures and sky. 5. That the height of the monopole shall not exceed the height of the attached antenna arrays at any time. If the arrays are lowered, the monopole height must be reduced (removed) to correspond with the height of the arrays. 6. That within a period of one (1) year from the date of this resolution, the subJect property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code 7. That the cables connecting the accessory equipment in "Unit J" of the adjacent buildinfl to the monopole shall be underground. Said connection shall be specificaliy shown on pians submitted for permits. S. That approval of this application constitutes approval of the proposed request oniy to the extent that it complies wilh the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarciing any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning C~mmission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicanYs compliance with each and ail of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. "2" PG98-65 ~. „ ( THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 27, 1998. -~~~ .~~~ CHAIRMAN ANAHEIM CITY PLANNING COMMISSION ATTEST: ~ ~j6Q0~ SECRETARY, NAHEIM CITY PIANNING COMMISSION STATE OF CALIFORNIA ) COUNTY QF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solurio, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meefing of the Anaheum City Planning Commission heid on April 27, 1998, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDS7UN, BRISTOL, HENNINGER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANCY: ONE SEAT VACANT IN WITNESS WHEREOF, I have hereunto set my hand this o~7 day of , 1998. . ~-l.D~ SECRETARY, AHEIM CITY PLANNING COMMISSION '3' PC98-65